Fleming failed to uphold high ethical standards

Published: Friday, October 26, 2012 at 5:30 a.m.

Last Modified: Thursday, October 25, 2012 at 5:56 p.m.

The findings of an ethics investigation make it clear that Flagler County Sheriff Don Fleming showed poor judgment when he accepted an "honorary membership" at an exclusive resort.

The Florida Commission on Ethics found probable cause that Fleming violated state ethics laws when he failed to report as a gift a special membership he received from the Hammock Beach Resort in 2009. This is a civil violation, not a criminal matter, but it calls into question Fleming's understanding of his ethical responsibilities as a high-ranking public official.

Fleming said he believed the honorary membership had no value, and therefore he didn't include it on his quarterly disclosure reports. But after he recently learned he received a 20 percent discount on meals at the resort, he decided to resign his membership and reimburse the resort $3,800 to cover the cost of the discount, the sheriff said in a letter to the ethics commission. "It was never my intention to avoid complying with the gift laws," he wrote.

This is not a defense or a satisfactory explanation of his actions. The sheriff is the county's top law enforcement official. He should make it his business to understand all the laws that apply to his public position, and to make sure that he upholds ethical standards.

Just as important, perhaps, he should strive to avoid even the appearance that he is receiving special favors because of his law enforcement position. Every public official needs to keep in mind the importance of reassuring the public that his or her judgment is not influenced by gifts or favors. It's especially important for a law enforcement official to avoid doing anything that might raise suspicions of a conflict in enforcing the law.

There is no evidence of any conflict arising from Fleming's honorary membership at the expensive resort. The ethics commission was concerned with his failure to report a gift with a total value of more than $100, as required by state law (if the gift is from a non-relative or non-lobbyist.).

It's not clear what value is attached to "honorary memberships" at Hammock Beach Resort. It is clear that it takes a lot of money to join the club by the customary route. A Beach Club membership, which does not include access to the golf course, requires a $20,000 deposit and $375 in monthly dues.

Sheriff Fleming said he dined at the resort's restaurants, but he didn't take advantage of other amenities. Still, he was in a pretty exclusive club. And he did get a nice discount on meals — an obvious gift that he now has acknowledged and paid for.

Fleming should have spurned the honorary membership. He said he's not certain who offered it to him; that's an important detail that the public should know. In any event, the sheriff would have served the public better — and avoided getting involved in an ethics controversy in the middle of his re-election campaign — if he had refused any sort of membership that didn't require him to pay the usual fees.

The ethics complaint was filed by a former Flagler County deputy who is a supporter of Jim Manfre, Fleming's opponent. Unfortunately, this made it a politically charged issue. But the ethics commission was not concerned with Flagler County politics. Fleming made a serious mistake, and he should be held accountable for it.

Voters likely will put the ethics issue in the context of the sheriff's overall performance in office. That's appropriate. But we hope Fleming's misstep will serve as an example to all public officials who may be thinking of accepting a gift or favor.

<p>The findings of an ethics investigation make it clear that Flagler County Sheriff Don Fleming showed poor judgment when he accepted an "honorary membership" at an exclusive resort. </p><p>The Florida Commission on Ethics found probable cause that Fleming violated state ethics laws when he failed to report as a gift a special membership he received from the Hammock Beach Resort in 2009. This is a civil violation, not a criminal matter, but it calls into question Fleming's understanding of his ethical responsibilities as a high-ranking public official. </p><p>Fleming said he believed the honorary membership had no value, and therefore he didn't include it on his quarterly disclosure reports. But after he recently learned he received a 20 percent discount on meals at the resort, he decided to resign his membership and reimburse the resort $3,800 to cover the cost of the discount, the sheriff said in a letter to the ethics commission. "It was never my intention to avoid complying with the gift laws," he wrote. </p><p>This is not a defense or a satisfactory explanation of his actions. The sheriff is the county's top law enforcement official. He should make it his business to understand all the laws that apply to his public position, and to make sure that he upholds ethical standards. </p><p>Just as important, perhaps, he should strive to avoid even the appearance that he is receiving special favors because of his law enforcement position. Every public official needs to keep in mind the importance of reassuring the public that his or her judgment is not influenced by gifts or favors. It's especially important for a law enforcement official to avoid doing anything that might raise suspicions of a conflict in enforcing the law. </p><p>There is no evidence of any conflict arising from Fleming's honorary membership at the expensive resort. The ethics commission was concerned with his failure to report a gift with a total value of more than $100, as required by state law (if the gift is from a non-relative or non-lobbyist.). </p><p>It's not clear what value is attached to "honorary memberships" at Hammock Beach Resort. It is clear that it takes a lot of money to join the club by the customary route. A Beach Club membership, which does not include access to the golf course, requires a $20,000 deposit and $375 in monthly dues. </p><p>Sheriff Fleming said he dined at the resort's restaurants, but he didn't take advantage of other amenities. Still, he was in a pretty exclusive club. And he did get a nice discount on meals &mdash; an obvious gift that he now has acknowledged and paid for. </p><p>Fleming should have spurned the honorary membership. He said he's not certain who offered it to him; that's an important detail that the public should know. In any event, the sheriff would have served the public better &mdash; and avoided getting involved in an ethics controversy in the middle of his re-election campaign &mdash; if he had refused any sort of membership that didn't require him to pay the usual fees. </p><p>The ethics complaint was filed by a former Flagler County deputy who is a supporter of Jim Manfre, Fleming's opponent. Unfortunately, this made it a politically charged issue. But the ethics commission was not concerned with Flagler County politics. Fleming made a serious mistake, and he should be held accountable for it. </p><p>Voters likely will put the ethics issue in the context of the sheriff's overall performance in office. That's appropriate. But we hope Fleming's misstep will serve as an example to all public officials who may be thinking of accepting a gift or favor.</p>